HomeMy WebLinkAboutCity of Tamarac Resolution R-87-2191
2i
3
4
B
9
10
u
12
13
14
15
16
27
L
20
2.1
22
23
24
25
26
27
26
29
30
32
33
34
35
36
Introduced by:'� Temp. Reso. #4665
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-87- , /'
A RESOLUTION APPROVING AND ACCEPTING A PARTIAL SUB-
ORDINATION OF ENCUMBRANCE OF PROPERTY RIGHTS OFFERED BY
SOUTHEAST BANK, N.A. (MINI MART DEVELOPMENT CORP.) FOR
THE NOB HILL ROAD CONSTRUCTION PROJECT 85-23 AND THE
NORTHWEST FORCE MAIN PROJECT 84-6; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
ECTION 1: That the Partial Subordination of En-
cumbrance of Property Rights offered by Southeast Bank, N.A.
(Mini. Mart Development Corp.) for the Nob Hill Road Con-
struction Project 85-23 and the Northwest Force Main Project
84-6 is HEREBY APPROVED and accepted, a copy of said document
being attached hereto as "Exhibit 1".
SECTION 2: That the appropriate City officials are
hereby authorized to execute said document on behalf of the
City.
SECTION 3: That the City clerk is hereby authorized and
directed to record said document in the public records of
Broward County, Florida.
aECTION 4: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this day of k ,
1987.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
y,.
A. BR`ANT APPLE ATE
CITY ATTORNEY
/.✓/ .
- . . . HART
MAYOR
MAYOR: HART
DIST. Z: C/M ROHR
DIST, 2: C/M STELZER
DIST. 3: C/M HOFFMAN ' ` --
DIST. 4*,V/M STEIN �-
r
Corporate
'Rot-
PARTIALSUBORDINATION OF
ENCLMRANCE TO PROPERTY RIGHTS -
THIS INDENTURE, made this 71 day of Mciv-A.D.
19 g % , between _ Southeast Bankz_N• .A:.L national Bank_ g Center, one
0 --Southeast Financial Center, Miami, FL- 33131---,--------w-,
with its principal office in the county of Dade and state
Of �. hereinafter called "GRA[RTM;'r-z n d-C i t j-oT Tamarac,
at 1 N0'riiwesi- 88th Avenue, Tamarac, Florida, 33321, a municipal
corporation of the State of Florida, hereinafter called "GRANTEE."
WITNESSETH: That GRANTOR, for and in consideration of the sum of
.Ten Dollars (,$10.00) and other valuable considerations, receipt of which
is hereby acknowledged, hereby subordinates the encumbrance specified
below and held by GRANTOR to the property rights acquired or to be
acquired by GRANTEE in that portion of the encumbered lands hereinafter
described only and for no other portion, to wit:
Right-of-way easement as described in Exhibit "A" attached, and
Tamarac Utilities West Water & Sewer Utilities Easement, as des-
cribed in Exhibit "A -I" attached.
w
The encumbrance now held by GRANTOR hereby partially subordinated
to GRANTEE, is described as follows:
Nature of From or Recorded
Encumbrance Date Against In favor of Book Page
1. Mortgage & Broward Co. Res.
Security Book 12050, Pg 1 -
Agreement
2. Financing
Statement
BCRB 12050, Pg 101 -
3. Modification BCRB 12324; 2050;
of Mortgages ----------------- -------------pg 302 -
It is expressly understood and agreed that this Subordinar;nn of
Encumbrance to Property Rights is given to allow GRANTEE, its successors
. and assigns, to locate, construct, improve, and/or maintain a portion of
Nob -Hill Road & T.U.W. water and sewer utilities.
over,-`fair-0Ui , upon, - -and/or across wthe fierein-described-Tand`s,—being-a`
portion of the encumbered premises, that this instrument subordinates
GRANTOR'S encumbrance only insofar as said encumbrance affects the rights
and privileges of GRANTEE in GRANTEE'S uses of the lands above -described,
and that nothing herein contained shall in any way affect, alter, impair,
minimize, or diminish the effect of said encumbrance or the remedies at
law or in equity for recovering against the parties charged by said
encumbrance the full amount of all sums secured by and/or due under same.
It is further understood and agreed that in the event said above-
(r-F Ss F7-2./7h
oe-scribed lands are ;,_.ndoned by GRANTEE and cea, to be used as afo,ce-
said, this subordination of encumbrance shall terminate as to the portion
of said lands so abandoned and no longer so used, and the encumbrance
shall be reinstated and be effective as to such portion as though this
subordination had never been made.
IN WITNESS WHEREOF,
in its name by its VIc,E
caused its corporate seal
above written.
[Corporate Seal]
Attests
GRANTOR has caused these presents to be signed
President, attested by its Secretary, and has
to be hereto affixed the day and year first
Signed, sealed and delivered
in the presence of:
ACKNCWLEDQNENT
STAT1, OF
CDUNTY OF
resident
I HEREBY CERTIFY that on this day of _
A.D. 19 l, before me, a ff�'cer duly autfiorized in-tFie ate -at Z
and -o nzy of - �' _ to take acknowledgmendts,_ �p sony
a p e a: e d_�y t_ and �Dii1
espect i veT +--�- res i3ent ands
,e-c�--�� 4 �, to me known to be
the persons described �n an 0execu ed tFe Toregaing instrument, and
acknowledged the execution thereof to be their free act and deed as such
officers and that they affixed thereto the official seal of said
corporation and that they were properly empowered to do so by and on
behalf of said corporation and that the foregoing instrument is the act
and deed of said corporation.
My commission expires:
NOTARY PUBLIC STATE OC FLCPT!?A
NY COMM12SION EXP JUNE 15,1�J84
BONDED TNRU GENERAL INS."UNU.
5/19/8b
[ SEAL I
a u is in and o40�L
y. _
County and State aforesaid
-2-
h
• F
►7 h �� M.E. CORNER i
KC. 1r49-41
Me NAB ROAD.+�
TRACT 1
1 �
1 1•» TAMARAC •' 1` I
-- r..�..-�___.__ MARKET II
- _ ---p ..
+- ea
x1 .�...._ = I O
` ~ ' to
' .I
r
•hfM
KEY PLAN N
NO SCALE
OWNER
Mina. Mart Development Corp.
5399 No. Dixie Highway
Suite 200
Ft. Lauderdale, Fla. 33334
0
TRACT 2
TRACT 3
PARCEL "C'
1 TRACT 4
53'
i
i vli
I
IJ
W
W
r
m
v
Q
!V
1
0
N
,V2 SEC. LINE
LEGAL DESCRIPTION- PARCEL "C" (9107-01-001.1) N. 1/2 Tit 3 t
A PORTION OF TRACT 3 OF FLORIDA FRUIT LAND$ COMPANY SUBDIVISION NO. 2 AS RECORDED IN PLAT
BOOK I. PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH, FLORIDA ; LYING IN THE N.E. Cfl'%RTEa OF
SECTION 7 TOWNSHIP 49 SOUTH RANGE 41 EAST. BROWARD COUNTY FLORIDA, MORE PARTICULARLY
,DESCRIBED AS FOLLOWS:
THE WEST IS' OF THE EAST 53';OF THE NORTH 1/2 OF TRACT 3.
SAID LAND SITUATED IN BROWARD COUNTY, FLORIDA CONTAINING 0.136 ACRE. TO BE DEEDED AS ADD.
PUBLIC R/W FOR NOB HILL ROAD.
CITY
OF TAMARAC -ADDITIONAL
SKETCH
OF SURVEY IN
4128/26
DRAw DL •
lie 1
ROAD RIGHT OF WAY'
No 1/4
SEC. 7-49-41
IoA;m
SCALL10-0 300'
CHK Ps_
II
ya
fZ. �r .
KEY PLAN N i
NO SCALE
Mini Mart Development Corp.
5399 N. Dixie Highway
Suite 200 L...
La derdale Fla.
ILI
y
/M
�Me NABS D. _ �~
TRACT 1 ,
i
1
1
TAAMARACMARKET W
PLACE o �I y
J12
13 1
so
i
---
TRACT Z
to0U.E-
I
TRACT S e
a
PARCE�NCO
• u
Ft. u I z
J .Y3
•' W
TRACT 4 f
1 �
i00 N
O
N
i
i
�;��
1/a SEC. LIME
LEGAL DESCRIPTION' PARCEL `CO 191OT-•0I-001.11lli N. V2 Tit
AS REORD IN PLAT
A POR
TION OF TRACT 3 OF FLQRIDA FRUIT LANDS COMPANY �DU9RIS,DNI.YINOZIN THECN EDEOUARTER OF
GOOK 1, PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH*
SECTION 7 TOWN3111P 49 SOUTH RANGE 41 EAST, OROWARD COUNTY FLORIDA, MORE PARTICULARLY
DESCRISED AS FOLLOWS. TRACT 3. 0
7HE WEST 20' OF THE EAST 13' OF THE NORTH 1/9 OF
WARP COUNTY. FLORIDA• CONTAINING &1515 ACRE.
SAID LAND SITUATED IN 6RQ
CITY OF TAMARAC
WATER B SEWER EAPF. 201
SKETCH OF SURVEY IN a'� 4��Oies DI+Awasl
• 300 H K BAL..,
N.E. 1/4 SEC. 7r49-41 1
SCALIF I
ow1131r.-3—.